Philadelphia, PA asked in Social Security for Pennsylvania

Q: My lawyer requested $9,000 on a fee petition but got almost twice that. Was he overpaid?

I received only a little more in back pay than my lawyer got in fees

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2 Lawyer Answers
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn
PREMIUM
Answered
  • Social Security Disability Lawyer
  • Raleigh, NC

A: Attorneys cannot collect or charge a fee unless it is approved by Social Security. Many times all of the letters and decisions going back and forth, including the Notice of Award of your benefits as well as the decision regarding the fee petition can get quite confusing. Social Security often withholds part of your backpay while the attorney fee is being determined. I would suggest contacting your attorney and ask them to go over the benefit and payment amounts with you. That way you can make sure you received all of the backpay you were supposed to receive.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: I would also ask social security. Ms Lunn is correct that sometimes an amount is held that is larger. But he shouldn't get more than he asked for.

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